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Whilst i would always advise on switching on form FLR M as soon as possible there is nothing in the law that states it is a requirement to apply as soon as possible and certainly nothing that makes the leave 'void' it is up to the ukba to curtail it if they see fit. If you disagree please refer to the relevant law.ban.s wrote:@kna872 - when did your wife apply for status change from HSMP dependent to Spouse of a settled person?
@Greenie - Is there any time limit for the status change?
AFAIK, FLR as spouse of a settled person needs be submitted as soon as practical once the main applicant receives ILR. So any significant gap may break the continuity.
Two year probationary period
If you have an entry clearance visa (issued abroad) the two year probationary period starts from the date your visa was stamped, by the Immigration Officer, when you entered the UK.
If you have a residence permit or a biometric residence permit the two year probationary period starts from when you were granted two years leave as a spouse or partner (even if you previously had leave in another category, for example as a student).
kna872 wrote:Hi,
I am a bit confused again. I came across the following on UKBA and settlement checking service's website regarding the qualifying period for ILR.
Two year probationary period
If you have an entry clearance visa (issued abroad) the two year probationary period starts from the date your visa was stamped, by the Immigration Officer, when you entered the UK.
If you have a residence permit or a biometric residence permit the two year probationary period starts from when you were granted two years leave as a spouse or partner (even if you previously had leave in another category, for example as a student).
Here are the important dates regarding my wife's stay :
29 Nov 2009 HSMP Dependant
25 Jan 2010 Tier 1 Dependant
15 Sep 2011 Spouse Visa ( issued biometric residence permit)
According to the above mentioned paragraph, my wife cannot apply until September 2013, when she would have completed two years on a biometric residence permit.
I was about to fill in the application form, and would really appreciate if knowledgeable members could clarify this paragraph for me, please.
Thank you.
Ali
work permit dependent is not the same as PBS dependent. In addition to the rules were changed last year to make it clearer in order for PBS dependent leave and leave as the spouse of a settled person can be combined. there also numerous examples of posters on this forum going down this route.goody09 wrote:when I got my ILR, my wife was a work permit dependant and because she did not pass the Life in the UK test I did not include her in my ILR application , her visa at that time was work permit dependant which was valid for another 9 month, 6 month later from getting my ILR I applied through Solihull PEO for my wife two years spouse leave to remain
I remember very well that the Case worker told me that your wife current visa is still vaild for another 3 month if she can pass the life in the uk test she can apply for ILR but if she prefere to apply now for two year spouse visa she will not be eligable to apply for the ILR untill 28 days before ending of the two year as a spouse